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Accusations brought against Moulana Nizami are totally false: Barrister Razzaq in the hearing of the discharge from the accusation
Saturday, 05 May 2012
 The hearing on the application of Ameer-e-Jamaat, Moulana Motiur Rahman Nizami to discharge from the accusation of committing crimes against humanity during 1971 has been completed on yesterday.  International Crimes Tribunal-1 fixed next May 28 for giving order on whether charge would be accepted or not. Lawyer of Moulana Motiur Rahman Nizami, Barrister Abdur Razzaq said, “That the accusation of so called crimes against humanity committed during 1971 has been brought against Amee-e-Jamaat Moulana Motiur Rahman Nizami because of political opposition. He was in favor of the undivided Pakistan really but all crimes brought against him including killing, genocide are false, fabricated baseless and political purpose intended.  No specific accusation is prevalent in any of 15 accusations which have been brought against him. Some of such accusations are made depending on speech in various meeting and the remaining crimes are originated from air. Motiur Rahman Nizami was brought in the International Crimes Tribunal -1 situated in the old High Court Building on yesterday,  in the  morning from Gazipur Kashimpur Jail-2 and he was shifted in the tribunal room  at about 10.30 am keeping for sometime in the prison of the Tribunal-1. The hearing of discharge application started at about 10.32 am after sitting of the Tribunal members presiding over by the chairman Nizamul Hoque Nasim. Barrister Abdur Razzaq presented various kinds of insubstantiality mentioning legal sides of those accusations which have been brought by Prosecution against Moulana Motiur Rahamn Nizami. Such hearing continued from 10.35 am to 1.15 pm. Later on Tribunal interrogated prosecutor Altaf Uddin on the prosecution submission. Altaf answered that that was printing mistake. Tribunal fixed next May 13 for giving order whether the order will be given for framing charge or discharge. The hearing of prosecution relating to framing charge has already been completed.
Submitting the logic of discharging Moulana Motiur Rahamn Nizami  from the accusations Barrister Abdur razzaq said, “the International Crimes Tribunal Act 1973, The Evidence Act 1872, The Code of Criminal Procedure 1898 and all other international Criminal laws provide, the accusation of crime has to be specific where the information relating to place ,date, day, time of the crimes and information relating to main accused  information of  accused of order, witness and Victim of  crimes all must be specific. But no one of the accusations brought against Moulana Nizami is specific”. He said mentioning each and every issues of formal charge presentation of the prosecution, “there is no minimum information in this presentation which will enough for framing charge”.
“The meaning indicating by crimes against humanity and crimes against peace is not specific”, Barrister Razzaq added. Tribunal in this phase said, “The formal charge is not the text of Vedas to us. We can frame charge if the information satisfies us from other document than formal charge. Such power has been given us by the Rule”. Barrisrter Razzaq said, “Such procedure may prejudice the interest of the accused and it will go against the Justice. If there is any weakness in the charge, the accused party will get the benefit of such weakness. This is general rule of justice .the statement you said is prejudicial to law”.
Barrister Razzaq said, “the deposition of the witness given in the dock with taking oath and information coming from the cross examination will be taken by the court not any other else”.
He said, “The accusation has been brought against Moulana Nizami that he made speech in various places in the meeting of Islami Cahtro Sangh (Islami Student Organization) but it can never be accusation against him. Accusation may be if the prosecution can give information as to the beating, killing, genocide or other offence committed by him i.e. commanding anybody to commit any kinds of crimes above mentioned. All accusations made as to the speech of Nizami, there is nowhere in such accusation any information  as to cirmes like he made firing  or command for firing or robbery in the house of anybody or commit killing, genocide, rape or ordered to commit such crimes”.
“Moulana Nizami as per decision of the meeting held at about 11.00 am killed 72 persons in a village, committed looting, and committed firing after fazr prayer on the same day. How possible it is”! Barriser Razzaq added. Justice Zaheer Ahmed said that might be zigzag in the language in writing. Barrister Razzaq said, “They could not remove the inconsistency at last in decorating the false things because full decoration is not possible if the intention is to make the false as true. There is no specific accusation against Moulana Nizami as well. Moulna Nizami called a meeting in a school of Sathia but the name of the person has not been mentioned who has presided over the meeting. There is no information who had given the speech and what decisions had been taken in this meeting. On the other hand, it has not been mentioned in any place that Moulana Nizami himself did commit such crimes. That the crimes have been committed as per command of him has been mentioned. So he is not main accused. He has been made as accused of command. In this respect, there is no information where the main accuseds are? Trial of accused of command cannot run without trying main accuseds.  Above all Moulana Nizami Was president of Nikhil Pakistan Cahtrosangho. Accusation of calling such innumerable meeting and command for committing crimes going in Sathia during 1971is not any way logical and practical. He was student leader. How the Rajakar Bahini was under the control of him and crimes of whom have been brought against him”.
Barrister Razzaq said, “That no accusation would be brought against Moulana Nizami if he did not politics, was not leader of a party of opposite political party and such accusations which were not acceptable in law totally had not been brought against him to harass him politically.
He also said, “Sathia is the election-area of Nizami and if he killed such so called hundreds of people, committed genocide, firing etc he would not be elected in this area again and again. The people of this area know, what kind of man Maoulan Motiur Rahman Nizami was and what kind of man Maoulan Motiur Rahman Nizami is now! No GD or FIR has been submitted againsthim for last 40 years and if he committed such crimes the post-liberation government had filed case against him or the victim did file case against him. The intention of filing case after such long period is to suppress the opposite political party”.